Phillips
Supreme Court of Rhode Island
Case stated for an opinion.
1Opinion of the Court
Douglas, J.(1) The court is of the opinion that the provision of clause fifteen — “in case any whom I have heretofore named in this instrument shall die before myself then the bequest to said beneficiary shall determine” — applies to the persons named as residuary 'legatees in clause fourteen, but does not operate to create intestacy with'respect to the share of such legatee. It is not to be presumed that the testatrix intended a lapse of such share and the intention is also emphasized by repetition that if the persons named in the will do not survive the testatrix, and cannot take in person,…
2Cited by8 opinions
- State v. KorrerSupreme Court of Minnesota · 1914
- State v. IbbisonSupreme Court of Rhode Island · 1982
- Industrial National Bank v. Glocester Manton Free Public LibrarySupreme Court of Rhode Island · 1970
- Jackvony v. PowelSupreme Court of Rhode Island · 1941
- People v. Steeplechase Park Co.New York Supreme Court · 1913
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